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  1. #1

    Angry In-State Tuition Denial Based on One Parent's Out-of-State Residency

    One parent is the legal resident and has hold permanent professional job in the state for at least three years , and paid the in state resident tax before the student was admitted into a state university,but another parent lives and have job out of the state.

    The state university does not grant the in-state tuition for the student. Does the university violate any law. The university is granted with autonomy by the state. However,the university guidelines for determining the in state tuition does not make clear specification for this situation, and the university official refused to provide its rationale for the denial in writing. Only the staff in registration office told the parent over phone that the student was denied for the in state tuition, because one parent is not the state resident.

    I wonder how the equal protection law can be applied to this case. Is the equal protection is federal law? I was told that the university guildlines is equivalent to state law. Even though the guildlines does not have the specification for this suitation, the university has the right to interpret it in the way they want. Can they do it in such a way? Thanks for providing any thought on this.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,237

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    Does the student live with the parent who lives in state, or with the parent who lives out of state?

  3. #3
    Join Date
    Oct 2014
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    7,706

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    You didn’t mention the state university at issue here so I cannot review the applicable state law and/or university rules to see what they actually say. You also did not mention which parent was the parent with whom the child resided the majority of the year, and that may make a significant diffence. In any event, what you describe does not appear to raise any equal protection issue so long as they apply that interpretation to all students who are in that same situation. The state is not obligated to give all students in-state tuition. Since it is funding the university with taxpayer dollars the state may set the rules for who gets in-state tuition so long as the state does not engage in illegal discrimination in the process (i.e. the rules are not based on race, religion, sex, etc) and the state has a rational basis for the distinction it draws.

  4. #4
    Join Date
    Jan 2015
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    1,142

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    What state? Most state universities are pretty much excited to get in-state tuition or to give tuition breaks to instate residents. I cannot imagine how there was a problem.

  5. #5
    Join Date
    Jan 2006
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    38,867

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    Who does the child legally reside with and if in the pertinent state, for how long have they been a legal resident of the state?? Many states require a student reside in the state for up to 2 years to qualify as an in state student.

  6. #6

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    Thank you for your inputs. The child lives with the parent out of the state. What frustrated us is the the university guildlines does not contain any clear requirements or specifications about this.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    If the child lives with the parent out of state, then the child is not a resident of the state where the university is, and therefore almost certainly does not qualify for in-state tuition regardless of where the other parent lives. That should be obvious.

  8. #8

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    Thank you for your inputs. The child lives with the parent out of the state. What frustrated us is the the university guildlines does not contain any clear requirements or specifications about this. It is michigan. However, some other Michigan state university clearly specifies that if one parent is the legal resident, the student is qualified for in state tuition. However, each state university system has it own policy.

    It is Michigan. The child lives with the parent out of the state. What frustrated us is the the university guildlines does not contain any clear requirements or specifications about this. Please also see my reply to others regarding what you mentioned.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,237

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    Pardon me, but there are some things that should be so clear as to not need spelling out for you. IMO, this is one of them.

  10. #10
    Join Date
    Jan 2006
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    38,867

    Default Re: Equal Protection: in State Tuition for Student with One Parent As Legal Resident

    1. If you are a dependent, your parents or parents-in-law are divorced, and at least one parent or parent-in-law is a permanent legal resident of the State of Michigan (as defined in these Guidelines), you are presumed to be a resident if you can demonstrate that (a) Michigan is your permanent legal residence and (b) you have severed all out-of-state ties.

    So, since the state of Michigan is not the students state of residence he is not eligible for instate tuition. While I don't totally agree with the rule, it is the rule.

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